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Work

Injured at Xmas Party

19 replies

HMTheQueen · 14/12/2010 12:08

Hoping someone can answer this (sort of theoretical) question.

Friends DH was on his Xmas Party on Friday night. Drinks paid for by company if that makes any difference.

When FDH left to catch the last train home, as he went to cross the street his foot was run over by a cyclist with no lights/hi vis etc - so not visible. Cyclist continued with journey without stopping, so not sure if he/she even realised what had happened (although, how could you not??)

FDH was in lots of pain, missed last train home, had to stay with colleagues and then friend went to pick him up on Saturday morning.

FDH attended hospital, after much checking with extra doctors, it was decided his ankle is NOT broken. He has bruises all over his foot/ankle, can't support any wieght on it and is on crutches. He has had to get a taxi to/from the train station at either end of the journey to get him to work yesterday. Luckily, his work said that they will pay for him to have taxi's from his house to work (to save the hassle of trains).

My question is this - are work liable for his injury? They provided the money for alcohol. They encouraged drinking. It was a work Xmas Party.

This is mostly just a subjective question anyway, as I am sure friend and her DH won't do anything like sue his work (bad career move )..., but I just wondered.

OP posts:

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SimplySparkling · 14/12/2010 12:13

I'd say that no, your friend's DH's work is not liable in any way for his injury. That's based partly on my knowledge of claims but mainly it's just my opinion.

LittleHarrysMum · 14/12/2010 12:13

No of course they're not liable.

He wasn't at his Xmas party he had left. And if he was drunk enough as to not step in front of cyclist then it's his own damn fault!

HMTheQueen · 14/12/2010 12:30

LittleHarrysMum - That was my thinking too!

Apparently he had been drinking and was drunk, but not so much that he couldn't walk/catch a train/communicate with his wife by text... well that's his story anyway!

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craftynclothy · 14/12/2010 12:35

Are the work liable? No, why would they be?

Would they be liable if his car crashed on the way to work cos some idiot was driving while drunk? No.

If anyone is liable (other than the FDH) then the cyclist might be (depends on how it happened) but not the work. After all the FDH chose to drink and chose how much to drink.

HMTheQueen · 14/12/2010 12:59

That's what I think crafty - but I thought I read somewhere here that some people who fought while at/after a work xmas party could be able to sue the company, as they provided the alcohol...

Also, if sexual harrassment happened after a work 'do' (say colleagues on the same train home) isn't the work liable for that??

Purely theoretical, it's just got my brain ticking!

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scurryfunge · 14/12/2010 13:07

My DH's firm pays for the venue and meals but will not pay for any alcohol. It is not that they are liable, they feel it reflects badly on the company when someone gets pissed, falls over, abuses someone, sexually assaults someone.

No one is forced to drink the alcohol and provided theyre an adult, they should be trusted to walk home without stepping into the path of traffic. The company may have been foolish to provide free alcohol but I would say your friend's DH contributed significantly to his own injury.

RibenaBerry · 14/12/2010 13:42

Nope, they are not liable.

They are potentially liable in respect of acts at the party - like if someone sexually harasses a colleague. But travelling home is just travelling home, and a traffic accident is a traffic accident, makes no difference that the company paid for the alcohol that he got drunk on.

WestVirginia · 14/12/2010 13:45

As if anyone would sexually harrass anyone at a Christmas Party, it simply has never happened.

RibenaBerry · 14/12/2010 13:46

HMTheQueen · 14/12/2010 14:51

Thanks all - I knew MN would come through. I will email friend and her DH a link, so they can see MN wisdom for themselves!!

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annh · 14/12/2010 17:10

So are you saying that your friend's dh IS actually thinking of suing his company because he didn't know when to stop drinking, walked out in front of a cyclist, has bruised but not broken his foot as a result of which his company are paying for taxis unprompted - and he still thinks it's their fault? Sheesh!

LilRedWG · 14/12/2010 17:15

No-one poured the alcohol down his throat, why the hell would they be liable. DH's works do was on Friday night - alcohol included, but no-one was enforcing drinking the I had half a glass of white.

Last year, in one of their Asian offices an employee partook of too much alcohol and drank himself to death - I know the company was a little concerned that they could be seen as culpable by the local authorities as alcohol is expensive there and, as such, not as widely drunk day to day.

hairyfairylights · 14/12/2010 18:56

Of COURSE they are not liable! Ffs!!!

HMTheQueen · 15/12/2010 15:20

He's not thinking of doing any suing!! It was more of a 'what do you think' sort of question...

Myself, friend and her DH also think he's very lucky his work are now paying taxi's to get him to and from work...

His work are being very good about the whole thing - which is lovely to hear about in the midst of so many people losing work. They obviously think he is very valuable.

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hairyfairylights · 15/12/2010 15:32

Why would anyone think anything other than it's his own/the cyclists fault? I don't get why the question is even being asked!

HMTheQueen · 15/12/2010 16:16

I was really wondering based on a comment from this thread about whether work was liable for incidents if they paid for the alcohol...

Doesn't really matter - he's not going to do anything anyway... just a slow week at work

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Scruffyhound · 15/12/2010 16:20

No they are not liable and this annoys me a bit as I had an accident at work whilst working I disslocated my knee whilst wearing some overshoes (that the company supplied the the job that needed doing) there were complaints off other staff saying how slippy they were. I slipped and my knee gave way. That is when its ok to claim I was not going to but they sent me to their own medical center and told me Im fine for work so went in Sat and Sun but Sat afternoon went to A & E they said to see a person on the Monday I had a full leg cast on my right leg, Its 5 yrs on I still get pain from it. I was also pregnant at the time. So sorry if I sound a bit supprised by that. I think its a nice gesture that they are offering a taxi for him.

jalopy · 16/12/2010 14:38

It would be preposterous to think that the company were liable.

I can only think that you or your friends thought that there was an outside chance of suing the company.

It comes across that way.

cumbria81 · 17/12/2010 10:27

Of course they're not. How ridiculous.

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